---

Education and Skills Bill

I am still a little puzzled about how the provision will work. The Minister said that the direction will say that the local authority or the person exercising functions under Clause 54 must be a person who also exercises other prescribed functions; I understand that. But what if the person who exercises those other prescribed functions happens to be a school caretaker? The functions could be exercised by someone entirely inappropriate. There is not anything in the clause, so far as I can see, that says that a local authority has a right to transfer those functions that must be exercised together to someone whom its considers appropriate. The Minister gave the illustration of workplace interviews. Has it got the right to transfer that function to someone whom it considers appropriate? Is there a freedom under that legislation to move the functions that must be exercised together to the person whom it really wants to exercise the functions under Clause 54(1)? This provision simply describes the nature of the person to whom the powers can be transferred and assumes that that person is therefore appropriate to perform the functions under Clause 54(1). I remain confused by the wording.